Trademark registrants have the legal obligation to regulate the use and continuous use of registered trademarks. The Trademark Law prohibits actions such as changing a registered trademark on your own, changing the name, address or other registration matters of a registered trademark on your own, transferring a registered trademark on your own, or stopping the use of a registered trademark for three consecutive years. Otherwise, the Trademark Office has the right to revoke the trademark based on specific circumstances. Registered trademark. 1. Determination of whether there is a situation of self-change of a registered trademark Self-change of a registered trademark means that the trademark registrant or the licensed user changes the words, graphics, letters, numbers, three-dimensional shape, and color of the trademark without authorization when actually using the registered trademark. combination, etc., resulting in changes in the main parts and distinctive features of the original registered trademark. Compared with the original registered trademark, the changed mark is likely to be considered to be inconsistent with the original registered trademark. If the above-mentioned behavior exists, and the trademark registrant is ordered by the industrial and commercial administration department to make corrections within a time limit, but refuses to make corrections, the trademark registrant shall be revoked in accordance with the law. 2. Determination of whether the registrant’s name, address or other registration matters have been changed on his own initiative (1) The registrant’s name of a registered trademark has been changed on his own initiative, which means that after the trademark registrant’s name (name or title) has changed, the name, address or other registration matters have not been changed in accordance with the law. Submit a change application to the Trademark Office, or the name of the registrant actually using the registered trademark is inconsistent with the name of the registrant recorded in the Trademark Register. (2) Changing the registrant's address of a registered trademark on your own means that after the trademark registrant's address changes, a change application is not submitted to the Trademark Office in accordance with the law, or the actual address of the trademark registrant is inconsistent with the address recorded in the "Trademark Registration Book". (3) Changing other registration matters of a registered trademark on your own initiative means that after other registration matters other than the name and address of the trademark registrant have changed, the registrant has not submitted a change application to the Trademark Office in accordance with the law, resulting in changes in the Trademark Registration Book. The relevant registration matters are inconsistent. If one of the above behaviors occurs, and the trademark registrant is ordered by the industrial and commercial administration department to make corrections within a time limit, but refuses to make corrections, the trademark registrant shall be revoked in accordance with the law. 3. Determination of whether there is a situation of self-transfer of a registered trademark Self-transfer of a registered trademark means that the trademark registrant transfers the exclusive right of the registered trademark to the transferee, but both parties fail to apply to the Trademark Office and go through the transfer procedures at the same time in accordance with the law. illegal acts. If the above-mentioned behavior exists, and the trademark registrant is ordered by the industrial and commercial administration department to make corrections within a time limit, but refuses to make corrections, the trademark registrant shall be revoked in accordance with the law. 4. Determination of whether there is a cessation of use of a registered trademark for three consecutive years (1) The cessation of use of a registered trademark for three consecutive years refers to the cessation of use of a registered trademark within its validity period, and this behavior continues uninterrupted for more than three years. (2) The period of suspension of use of a registered trademark for three consecutive years shall be calculated forward three years from the date when the applicant applies to the Trademark Office for cancellation of the registered trademark. (3) Determination of trademark use 1. The use of a trademark refers to the commercial use of the trademark. This includes using trademarks on goods, product packaging or containers, and commodity transaction documents, or using trademarks in advertising, exhibitions, and other commercial activities. 2. The specific forms of trademark use on designated commodities include: (1) attaching the trademark to commodities, commodity packaging, containers, labels, etc. by direct affixing, engraving, branding or weaving, or using the trademark to attach labels to commodities , product manuals, introduction manuals, price lists, etc.; (2) The trademark is used on transaction documents related to the sale of goods, including use in goods sales contracts, invoices, bills, receipts, commodity import and export inspection and quarantine certificates, customs declaration documents etc.; (3) The trademark is used in radio, television and other media, or published in publicly distributed publications, and the trademark or the goods using the trademark are advertised through billboards, mail advertisements or other advertising methods; ( 4) The use of trademarks at exhibitions and expos, including printed materials and other materials using the trademark provided at exhibitions and expositions; (5) Other forms of trademark use that comply with legal provisions.
3. The specific forms of trademark use in designated services include: (1) The trademark is directly used in service venues, including service introduction manuals, service venue signboards, store decorations, staff clothing, posters, menus, price lists, Lottery tickets, office stationery, letterheads and other supplies related to designated services; (2) Trademarks are used on documents related to services, such as invoices, remittance documents, service provision agreements, repair and maintenance certificates, etc.; (3) Trademarks Use of the trademark on radio, television and other media, or publication in publicly distributed publications, as well as advertising of the trademark or services using the trademark on billboards, mailing advertisements or other advertising methods; (4) The trademark is used in exhibitions, Use at expos, including printed materials and other materials using the trademark provided at exhibitions and expositions; (5) Other forms of trademark use that comply with legal provisions. 4. The publication of trademark registration information or the trademark registrant’s statement that he or she has exclusive rights to the registered trademark shall not be regarded as trademark use within the meaning of the Trademark Law. 5. The burden of proving that the disputed trademark has not been suspended from use for three consecutive years shall be borne by the registrant of the disputed trademark. The evidence materials used to prove that the disputed trademark has not ceased to be used for three consecutive years should meet the following requirements: (1) be able to show the use of the disputed trademark logo; (2) be able to show that the disputed trademark is used on the designated goods/ Services; (3) It can show the user of the disputed trademark, including both the trademark registrant himself and others authorized by the trademark registrant. If it is allowed to be used by others, it should be able to prove the existence of the licensed use relationship; (4) The date of use of the disputed trademark can be shown, and it should be within three years from the date of cancellation application; (5) It can be proved that the disputed trademark is Use within the geographical scope of the validity of the Trademark Law; (6) It can be proved that the disputed trademark is used openly, truly and legally in commercial activities. 6. If the trademark registrant or the licensed user uses the registered trademark on a designated product, the registration on products similar to the product can be maintained. (4) The following situations are considered valid reasons for non-use of a registered trademark: 1. Force majeure; 2. Stopping use due to government policy restrictions; 3. Stopping use due to bankruptcy and liquidation; 4. Other reasons that cannot be attributed to the trademark registrant. Just cause.